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Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
Bills 112s675is
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Bills 112s675is

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  • 1. II 112TH CONGRESS 1ST SESSION S. 675 To express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity. IN THE SENATE OF THE UNITED STATES MARCH 30, 2011 Mr. AKAKA (for himself, Mr. INOUYE, Mr. BEGICH, and Ms. MURKOWSKI) in- troduced the following bill; which was read twice and referred to the Com- mittee on Indian Affairs A BILL To express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Native Hawaiian Gov- 5 ernment Reorganization Act of 2011’’. 6tjames on DSKG8SOYB1PROD with BILLS SEC. 2. FINDINGS. 7 Congress finds that— VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 2. 2 1 (1) the Constitution vests Congress with the au- 2 thority to address the conditions of the indigenous, 3 native people of the United States and the Supreme 4 Court has held that under the Indian Commerce, 5 Treaty, Supremacy, and Property Clauses, and the 6 War Powers, Congress may exercise that power to 7 rationally promote the welfare of the native peoples 8 of the United States so long as the native people are 9 a ‘‘distinctly native community’’; 10 (2) Native Hawaiians, the native people of the 11 Hawaiian archipelago that is now part of the United 12 States, are 1 of the indigenous, native peoples of the 13 United States, and the Native Hawaiian people are 14 a distinctly native community; 15 (3) the United States has a special political and 16 legal relationship with, and has long enacted legisla- 17 tion to promote the welfare of, the native peoples of 18 the United States, including the Native Hawaiian 19 people; 20 (4) under the authority of the Constitution, the 21 United States concluded a number of treaties with 22 the Kingdom of Hawaii, and from 1826 until 1893, 23 the United States— 24 (A) recognized the sovereignty of the King-tjames on DSKG8SOYB1PROD with BILLS 25 dom of Hawaii as a nation; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 3. 3 1 (B) accorded full diplomatic recognition to 2 the Kingdom of Hawaii; and 3 (C) entered into treaties and conventions 4 of peace, friendship and commerce with the 5 Kingdom of Hawaii to govern trade, commerce, 6 and navigation in 1826, 1842, 1849, 1875, and 7 1887; 8 (5) pursuant to the Hawaiian Homes Commis- 9 sion Act, 1920 (42 Stat. 108, chapter 42), the 10 United States set aside approximately 203,500 acres 11 of land in trust to better address the conditions of 12 Native Hawaiians in the Federal territory that later 13 became the State of Hawaii and in enacting the Ha- 14 waiian Homes Commission Act, 1920, Congress ac- 15 knowledged the Native Hawaiian people as a native 16 people of the United States, as evidenced by the 17 Committee Report, which notes that Congress relied 18 on the Indian affairs power and the War Powers, in- 19 cluding the power to make peace; 20 (6) by setting aside 203,500 acres of land in 21 trust for Native Hawaiian homesteads and farms, 22 the Hawaiian Homes Commission Act, 1920, assists 23 the members of the Native Hawaiian community in 24 maintaining distinctly native communities through-tjames on DSKG8SOYB1PROD with BILLS 25 out the State of Hawaii; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 4. 4 1 (7) approximately 9,800 Native Hawaiian fami- 2 lies reside on the Hawaiian Home Lands, and ap- 3 proximately 25,000 Native Hawaiians who are eligi- 4 ble to reside on the Hawaiian Home Lands are on 5 a waiting list to receive assignments of Hawaiian 6 Home Lands; 7 (8)(A) in 1959, as part of the compact with the 8 United States admitting Hawaii into the Union, 9 Congress delegated the authority and responsibility 10 to administer the Hawaiian Homes Commission Act, 11 1920, lands in trust for Native Hawaiians and es- 12 tablished a new public trust (commonly known as 13 the ‘‘ceded lands trust’’), for 5 purposes, 1 of which 14 is the betterment of the conditions of Native Hawai- 15 ians, and Congress thereby reaffirmed its recogni- 16 tion of the Native Hawaiians as a distinctly native 17 community with a direct lineal and historical succes- 18 sion to the aboriginal, indigenous people of Hawaii; 19 (B) the public trust consists of lands, including 20 submerged lands, natural resources, and the reve- 21 nues derived from the lands; and 22 (C) the assets of this public trust have never 23 been completely inventoried or segregated; 24 (9) Native Hawaiians have continuously soughttjames on DSKG8SOYB1PROD with BILLS 25 access to the ceded lands in order to establish and •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 5. 5 1 maintain native settlements and distinct native com- 2 munities throughout the State; 3 (10) the Hawaiian Home Lands and other 4 ceded lands provide important native land reserves 5 and resources for the Native Hawaiian community 6 to maintain the practice of Native Hawaiian culture, 7 language, and traditions, and for the continuity, sur- 8 vival, and economic self-sufficiency of the Native 9 Hawaiian people as a distinctly native political com- 10 munity; 11 (11) Native Hawaiians continue to maintain 12 other distinctly native areas in Hawaii, including na- 13 tive lands that date back to the ali‘i and kuleana 14 lands reserved under the Kingdom of Hawaii; 15 (12) through the Sovereign Council of Hawaiian 16 Homelands Assembly, Native Hawaiian civic associa- 17 tions, charitable trusts established by the Native Ha- 18 waiian ali‘i, nonprofit native service providers and 19 other community associations, the Native Hawaiian 20 people have actively maintained native traditions and 21 customary usages throughout the Native Hawaiian 22 community and the Federal and State courts have 23 continuously recognized the right of the Native Ha- 24 waiian people to engage in certain customary prac-tjames on DSKG8SOYB1PROD with BILLS 25 tices and usages on public lands; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 6. 6 1 (13) on November 23, 1993, Public Law 103– 2 150 (107 Stat. 1510) (commonly known as the 3 ‘‘Apology Resolution’’) was enacted into law, extend- 4 ing an apology on behalf of the United States to the 5 native people of Hawaii for the United States’ role 6 in the overthrow of the Kingdom of Hawaii; 7 (14) the Apology Resolution acknowledges that 8 the overthrow of the Kingdom of Hawaii occurred 9 with the active participation of agents and citizens 10 of the United States, and further acknowledges that 11 the Native Hawaiian people never directly relin- 12 quished to the United States their claims to their in- 13 herent sovereignty as a people over their national 14 lands, either through the Kingdom of Hawaii or 15 through a plebiscite or referendum; 16 (15)(A) the Apology Resolution expresses the 17 commitment of Congress and the President— 18 (i) to acknowledge the ramifications of the 19 overthrow of the Kingdom of Hawaii; and 20 (ii) to support reconciliation efforts be- 21 tween the United States and Native Hawaiians; 22 (B) Congress established the Office of Hawai- 23 ian Relations within the Department of the Interior 24 with 1 of its purposes being to consult with Nativetjames on DSKG8SOYB1PROD with BILLS 25 Hawaiians on the reconciliation process; and •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 7. 7 1 (C) the United States has the duty to reconcile 2 and reaffirm its friendship with the Native Hawaiian 3 people because, among other things, the United 4 States Minister and United States naval forces par- 5 ticipated in the overthrow of the Kingdom of Ha- 6 waii; 7 (16)(A) despite the overthrow of the Govern- 8 ment of the Kingdom of Hawaii, Native Hawaiians 9 have continued to maintain their separate identity as 10 a single distinctly native political community 11 through cultural, social, and political institutions, 12 and to give expression to their rights as native peo- 13 ple to self-determination, self-governance, and eco- 14 nomic self-sufficiency; and 15 (B) there is clear continuity between the ab- 16 original, indigenous, native people of the Kingdom of 17 Hawaii and their successors, the Native Hawaiian 18 people today; 19 (17) Native Hawaiians have also given expres- 20 sion to their rights as native people to self-deter- 21 mination, self-governance, and economic self-suffi- 22 ciency— 23 (A) through the provision of governmental 24 services to Native Hawaiians, including the pro-tjames on DSKG8SOYB1PROD with BILLS 25 vision of— •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 8. 8 1 (i) health care services; 2 (ii) educational programs; 3 (iii) employment and training pro- 4 grams; 5 (iv) economic development assistance 6 programs; 7 (v) children’s services; 8 (vi) conservation programs; 9 (vii) fish and wildlife protection; 10 (viii) agricultural programs; 11 (ix) native language immersion pro- 12 grams; 13 (x) native language immersion schools 14 from kindergarten through high school; 15 (xi) college and master’s degree pro- 16 grams in native language immersion in- 17 struction; and 18 (xii) traditional justice programs; and 19 (B) by continuing their efforts to enhance 20 Native Hawaiian self-determination and local 21 control; 22 (18) Native Hawaiian people are actively en- 23 gaged in Native Hawaiian cultural practices, tradi- 24 tional agricultural methods, fishing and subsistencetjames on DSKG8SOYB1PROD with BILLS 25 practices, maintenance of cultural use areas and sa- •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 9. 9 1 cred sites, protection of burial sites, and the exercise 2 of their traditional rights to gather medicinal plants 3 and herbs, and food sources; 4 (19) the Native Hawaiian people wish to pre- 5 serve, develop, and transmit to future generations of 6 Native Hawaiians their lands and Native Hawaiian 7 political and cultural identity in accordance with 8 their traditions, beliefs, customs and practices, lan- 9 guage, and social and political institutions, to con- 10 trol and manage their own lands, including ceded 11 lands, and to achieve greater self-determination over 12 their own affairs; 13 (20) this Act provides a process within the 14 framework of Federal law for the Native Hawaiian 15 people to exercise their inherent rights as a distinct, 16 indigenous, native community to reorganize a single 17 unified Native Hawaiian governing entity for the 18 purpose of giving expression to their rights as a na- 19 tive people to self-determination and self-governance; 20 (21) Congress— 21 (A) has declared that the United States 22 has a special political and legal relationship for 23 the welfare of the native peoples of the United 24 States, including Native Hawaiians;tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 10. 10 1 (B) has identified Native Hawaiians as an 2 indigenous, distinctly native people of the 3 United States within the scope of its authority 4 under the Constitution, and has enacted scores 5 of statutes on their behalf; and 6 (C) has delegated broad authority to the 7 State of Hawaii to administer some of the 8 United States’ responsibilities as they relate to 9 the Native Hawaiian people and their lands; 10 (22) the United States has recognized and re- 11 affirmed the special political and legal relationship 12 with the Native Hawaiian people through the enact- 13 ment of the Act entitled, ‘‘An Act to provide for the 14 admission of the State of Hawaii into the Union’’, 15 approved March 18, 1959 (Public Law 86–3; 73 16 Stat. 4), by— 17 (A) ceding to the State of Hawaii title to 18 the public lands formerly held by the United 19 States, and mandating that those lands be held 20 as a public trust for 5 purposes, 1 of which is 21 for the betterment of the conditions of Native 22 Hawaiians; and 23 (B) transferring the United States respon- 24 sibility for the administration of the Hawaiiantjames on DSKG8SOYB1PROD with BILLS 25 Home Lands to the State of Hawaii, but retain- •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 11. 11 1 ing the exclusive right of the United States to 2 consent to any actions affecting the lands in- 3 cluded in the trust and any amendments to the 4 Hawaiian Homes Commission Act, 1920 (42 5 Stat. 108, chapter 42), that are enacted by the 6 legislature of the State of Hawaii affecting the 7 beneficiaries under the Act; 8 (23) the United States has continually recog- 9 nized and reaffirmed that— 10 (A) Native Hawaiians have a direct genea- 11 logical, cultural, historic, and land-based con- 12 nection to their forebears, the aboriginal, indig- 13 enous, native people who exercised original sov- 14 ereignty over the Hawaiian Islands; 15 (B) Native Hawaiians have never relin- 16 quished their claims to sovereignty or their sov- 17 ereign lands; 18 (C) the United States extends services to 19 Native Hawaiians because of their unique sta- 20 tus as the native people of a prior-sovereign na- 21 tion with whom the United States has a special 22 political and legal relationship; and 23 (D) the special relationship of American 24 Indians, Alaska Natives, and Native Hawaiianstjames on DSKG8SOYB1PROD with BILLS 25 to the United States arises out of their status •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 12. 12 1 as aboriginal, indigenous, native people of the 2 United States; and 3 (24) the State of Hawaii supports the reaffir- 4 mation of the special political and legal relationship 5 between the Native Hawaiian governing entity and 6 the United States, as evidenced by 2 unanimous res- 7 olutions enacted by the Hawaii State Legislature in 8 the 2000 and 2001 sessions of the Legislature and 9 by the testimony of the Governor of the State of Ha- 10 waii before the Committee on Indian Affairs of the 11 Senate on February 25, 2003, and March 1, 2005. 12 SEC. 3. DEFINITIONS. 13 In this Act: 14 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- 15 PLE.—The term ‘‘aboriginal, indigenous, native peo- 16 ple’’ means a people whom Congress has recognized 17 as the original inhabitants of the lands that later be- 18 came part of the United States and who exercised 19 sovereignty in the areas that later became part of 20 the United States. 21 (2) APOLOGY RESOLUTION.—The term ‘‘Apol- 22 ogy Resolution’’ means Public Law 103–150 (107 23 Stat. 1510), a Joint Resolution extending an apol- 24 ogy to Native Hawaiians on behalf of the Unitedtjames on DSKG8SOYB1PROD with BILLS 25 States for the participation of agents of the United •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 13. 13 1 States in the January 17, 1893, overthrow of the 2 Kingdom of Hawaii. 3 (3) COMMISSION.—The term ‘‘Commission’’ 4 means the Commission established under section 5 8(b). 6 (4) COUNCIL.—The term ‘‘Council’’ means the 7 Native Hawaiian Interim Governing Council estab- 8 lished under section 8(c)(2). 9 (5) INDIAN PROGRAM OR SERVICE.— 10 (A) IN GENERAL.—The term ‘‘Indian pro- 11 gram or service’’ means any federally funded or 12 authorized program or service provided to an 13 Indian tribe (or member of an Indian tribe) be- 14 cause of the status of the members of the In- 15 dian tribe as Indians. 16 (B) INCLUSIONS.—The term ‘‘Indian pro- 17 gram or service’’ includes a program or service 18 provided by the Bureau of Indian Affairs, the 19 Indian Health Service, or any other Federal 20 agency. 21 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 22 has the meaning given the term in section 4 of the 23 Indian Self-Determination and Education Assistance 24 Act (25 U.S.C. 450b).tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 14. 14 1 (7) INDIGENOUS, NATIVE PEOPLE.—The term 2 ‘‘indigenous, native people’’ means the lineal de- 3 scendants of the aboriginal, indigenous, native peo- 4 ple of the United States. 5 (8) INTERAGENCY COORDINATING GROUP.—The 6 term ‘‘Interagency Coordinating Group’’ means the 7 Native Hawaiian Interagency Coordinating Group 8 established under section 6. 9 (9) NATIVE HAWAIIAN GOVERNING ENTITY.— 10 The term ‘‘Native Hawaiian governing entity’’ 11 means the governing entity organized pursuant to 12 this Act by the qualified Native Hawaiian constitu- 13 ents. 14 (10) NATIVE HAWAIIAN MEMBERSHIP ORGANI- 15 ZATION.—The term ‘‘Native Hawaiian Membership 16 Organization’’ means an organization that— 17 (A) serves and represents the interests of 18 Native Hawaiians, has as a primary and stated 19 purpose the provision of services to Native Ha- 20 waiians, and has expertise in Native Hawaiian 21 affairs; 22 (B) has leaders who are elected democrat- 23 ically, or selected through traditional Native 24 leadership practices, by members of the Nativetjames on DSKG8SOYB1PROD with BILLS 25 Hawaiian community; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 15. 15 1 (C) advances the cause of Native Hawai- 2 ians culturally, socially, economically, or politi- 3 cally; 4 (D) is a membership organization or asso- 5 ciation; and 6 (E) has an accurate and reliable list of Na- 7 tive Hawaiian members. 8 (11) OFFICE.—The term ‘‘Office’’ means the 9 United States Office for Native Hawaiian Relations 10 established by section 5(a). 11 (12) QUALIFIED NATIVE HAWAIIAN CON- 12 STITUENT.—For the purposes of establishing the 13 roll authorized under section 8, and prior to the rec- 14 ognition by the United States of the Native Hawai- 15 ian governing entity, the term ‘‘qualified Native Ha- 16 waiian constituent’’ means an individual who the 17 Commission determines has satisfied the following 18 criteria and who makes a written statement certi- 19 fying that he or she— 20 (A) is— 21 (i) an individual who is 1 of the indig- 22 enous, native people of Hawaii and who is 23 a direct lineal descendant of the aboriginal, 24 indigenous, native people who—tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 16. 16 1 (I) resided in the islands that 2 now comprise the State of Hawaii on 3 or before January 1, 1893; and 4 (II) occupied and exercised sov- 5 ereignty in the Hawaiian archipelago, 6 including the area that now con- 7 stitutes the State of Hawaii; or 8 (ii) an individual who is 1 of the in- 9 digenous, native people of Hawaii and who 10 was eligible in 1921 for the programs au- 11 thorized by the Hawaiian Homes Commis- 12 sion Act, 1920 (42 Stat. 108, chapter 42), 13 or a direct lineal descendant of that indi- 14 vidual; 15 (B) wishes to participate in the reorganiza- 16 tion of the Native Hawaiian governing entity; 17 (C) is 18 years of age or older; 18 (D) is a citizen of the United States; and 19 (E) maintains a significant cultural, social, 20 or civic connection to the Native Hawaiian com- 21 munity, as evidenced by satisfying 2 or more of 22 the following 10 criteria: 23 (i) Resides in the State of Hawaii. 24 (ii) Resides outside the State of Ha-tjames on DSKG8SOYB1PROD with BILLS 25 waii and— •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 17. 17 1 (I)(aa) currently serves or served 2 as (or has a parent or spouse who 3 currently serves or served as) a mem- 4 ber of the Armed Forces or as an em- 5 ployee of the Federal Government; 6 and 7 (bb) resided in the State of Ha- 8 waii prior to the time he or she (or 9 such parent or spouse) left the State 10 of Hawaii to serve as a member of the 11 Armed Forces or as an employee of 12 the Federal Government; or 13 (II)(aa) currently is or was en- 14 rolled (or has a parent or spouse who 15 currently is or was enrolled) in an ac- 16 credited institution of higher edu- 17 cation outside the State of Hawaii; 18 and 19 (bb) resided in the State of Ha- 20 waii prior to the time he or she (or 21 such parent or spouse) left the State 22 of Hawaii to attend such institution. 23 (iii)(I) Is or was eligible to be a bene- 24 ficiary of the programs authorized by thetjames on DSKG8SOYB1PROD with BILLS 25 Hawaiian Homes Commission Act, 1920 •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 18. 18 1 (42 Stat. 108, chapter 42), and resides or 2 resided on land set aside as ‘‘Hawaiian 3 home lands’’, as defined in such Act; or 4 (II) Is a child or grandchild of an in- 5 dividual who is or was eligible to be a ben- 6 eficiary of the programs authorized by 7 such Act and who resides or resided on 8 land set aside as ‘‘Hawaiian home lands’’, 9 as defined in such Act. 10 (iv) Is or was eligible to be a bene- 11 ficiary of the programs authorized by the 12 Hawaiian Homes Commission Act, 1920 13 (42 Stat. 108, chapter 42). 14 (v) Is a child or grandchild of an indi- 15 vidual who is or was eligible to be a bene- 16 ficiary of the programs authorized by the 17 Hawaiian Homes Commission Act, 1920 18 (42 Stat. 108, chapter 42). 19 (vi) Resides on or has an ownership 20 interest in, or has a parent or grandparent 21 who resides on or has an ownership inter- 22 est in, ‘‘kuleana land’’ that is owned in 23 whole or in part by a person who, accord- 24 ing to a genealogy verification by the Of-tjames on DSKG8SOYB1PROD with BILLS 25 fice of Hawaiian Affairs or by court order, •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 19. 19 1 is a lineal descendant of the person or per- 2 sons who received the original title to such 3 ‘‘kuleana land’’, defined as lands granted 4 to native tenants pursuant to Haw. L. 5 1850, p. 202, entitled ‘‘An Act Confirming 6 Certain Resolutions of the King and Privy 7 Council Passed on the 21st day of Decem- 8 ber, A.D. 1849, Granting to the Common 9 People Allodial Titles for Their Own Lands 10 and House Lots, and Certain Other Privi- 11 leges’’, as amended by Haw. L. 1851, p. 12 98, entitled ‘‘An Act to Amend An Act 13 Granting to the Common People Allodial 14 Titles for Their Own Lands and House 15 Lots, and Certain Other Privileges’’ and as 16 further amended by any subsequent legis- 17 lation. 18 (vii) Is, or is the child or grandchild 19 of, an individual who has been or was a 20 student for at least 1 school year at a 21 school or program taught through the me- 22 dium of the Hawaiian language under sec- 23 tion 302H–6, Hawaii Revised Statutes, or 24 at a school founded and operated primarilytjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 20. 20 1 or exclusively for the benefit of Native Ha- 2 waiians. 3 (viii) Has been a member since Sep- 4 tember 30, 2009, of at least 1 Native Ha- 5 waiian Membership Organization. 6 (ix) Has been a member since Sep- 7 tember 30, 2009, of at least 2 Native Ha- 8 waiian Membership Organizations. 9 (x) Is regarded as a Native Hawaiian 10 and whose mother or father is (or if de- 11 ceased, was) regarded as Native Hawaiian 12 by the Native Hawaiian community, as evi- 13 denced by sworn affidavits from two or 14 more qualified Native Hawaiian constitu- 15 ents certified by the Commission as pos- 16 sessing expertise in the social, cultural, 17 and civic affairs of the Native Hawaiian 18 community. 19 (13) SECRETARY.—The term ‘‘Secretary’’ 20 means the Secretary of the Interior. 21 (14) SPECIAL POLITICAL AND LEGAL RELA- 22 TIONSHIP.—The term ‘‘special political and legal re- 23 lationship’’ shall refer, except where differences are 24 specifically indicated elsewhere in the Act, to thetjames on DSKG8SOYB1PROD with BILLS 25 type of and nature of relationship the United States •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 21. 21 1 has with the several federally recognized Indian 2 tribes. 3 SEC. 4. UNITED STATES POLICY AND PURPOSE. 4 (a) POLICY.—The United States reaffirms that— 5 (1) Native Hawaiians are a unique and distinct, 6 indigenous, native people with whom the United 7 States has a special political and legal relationship; 8 (2) the United States has a special political and 9 legal relationship with the Native Hawaiian people, 10 which includes promoting the welfare of Native Ha- 11 waiians; 12 (3)(A) Congress possesses and hereby exercises 13 the authority under the Constitution, including but 14 not limited to article I, section 8, clause 3, to enact 15 legislation to better the conditions of Native Hawai- 16 ians and has exercised this authority through the en- 17 actment of— 18 (i) the Hawaiian Homes Commission Act, 19 1920 (42 Stat. 108, chapter 42); 20 (ii) the Act entitled ‘‘An Act to provide for 21 the admission of the State of Hawaii into the 22 Union’’, approved March 18, 1959 (Public Law 23 86–3; 73 Stat. 4); and 24 (iii) more than 150 other Federal laws ad-tjames on DSKG8SOYB1PROD with BILLS 25 dressing the conditions of Native Hawaiians; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 22. 22 1 (B) other sources of authority under the Con- 2 stitution for legislation on behalf of the indigenous, 3 native peoples of the United States, including Native 4 Hawaiians, include but are not limited to the Prop- 5 erty, Treaty, and Supremacy Clauses, War Powers, 6 and the Fourteenth Amendment, and Congress here- 7 by relies on those powers in enacting this legislation; 8 and 9 (C) the Constitution’s original Apportionment 10 Clause and the 14th Amendment Citizenship and 11 amended Apportionment Clauses also acknowledge 12 the propriety of legislation on behalf of the native 13 peoples of the United States, including Native Ha- 14 waiians; 15 (4) Native Hawaiians have— 16 (A) an inherent right to autonomy in their 17 internal affairs; 18 (B) an inherent right of self-determination 19 and self-governance; 20 (C) the right to reorganize a Native Ha- 21 waiian governing entity; and 22 (D) the right to become economically self- 23 sufficient; andtjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 23. 23 1 (5) the United States shall continue to engage 2 in a process of reconciliation and political relations 3 with the Native Hawaiian people. 4 (b) PURPOSE.—The purpose of this Act is to provide 5 a process for the reorganization of the single Native Ha- 6 waiian governing entity and the reaffirmation of the spe- 7 cial political and legal relationship between the United 8 States and that Native Hawaiian governing entity for pur- 9 poses of continuing a government-to-government relation- 10 ship. 11 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE- 12 LATIONS. 13 (a) ESTABLISHMENT.—There is established within 14 the Office of the Secretary the United States Office for 15 Native Hawaiian Relations. 16 (b) DUTIES.—The Office shall— 17 (1) continue the process of reconciliation with 18 the Native Hawaiian people in furtherance of the 19 Apology Resolution; 20 (2) upon the reaffirmation of the government- 21 to-government relationship between the single Native 22 Hawaiian governing entity and the United States, 23 effectuate and coordinate the special political and 24 legal relationship between the Native Hawaiian gov-tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 24. 24 1 erning entity and the United States through the 2 Secretary, and with all other Federal agencies; 3 (3) provide timely notice to, and consult with, 4 the Native Hawaiian governing entity before taking 5 any actions that may have the potential to signifi- 6 cantly affect Native Hawaiian resources, rights, or 7 lands; 8 (4) work with the Interagency Coordinating 9 Group, other Federal agencies, and the State of Ha- 10 waii on policies, practices, and proposed actions af- 11 fecting Native Hawaiian resources, rights, or lands; 12 and 13 (5) prepare and submit to the Committee on 14 Indian Affairs and the Committee on Energy and 15 Natural Resources of the Senate and the Committee 16 on Natural Resources of the House of Representa- 17 tives an annual report detailing the activities of the 18 Interagency Coordinating Group that are under- 19 taken with respect to the continuing process of rec- 20 onciliation and to effect meaningful consultation 21 with the Native Hawaiian governing entity and may 22 provide recommendations for any necessary changes 23 to Federal law or regulations promulgated under the 24 authority of Federal law.tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 25. 25 1 (c) APPLICABILITY TO DEPARTMENT OF DE- 2 FENSE.—This section shall have no applicability to the 3 Department of Defense or to any agency or component 4 of the Department of Defense, but the Secretary of De- 5 fense may designate 1 or more officials as liaison to the 6 Office. 7 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 8 GROUP. 9 (a) ESTABLISHMENT.—In recognition that Federal 10 programs authorized to address the conditions of Native 11 Hawaiians are largely administered by Federal agencies 12 other than the Department of the Interior, there is estab- 13 lished an interagency coordinating group, to be known as 14 the ‘‘Native Hawaiian Interagency Coordinating Group’’. 15 (b) COMPOSITION.—The Interagency Coordinating 16 Group shall be composed of officials, to be designated by 17 the President, from— 18 (1) each Federal agency whose actions may sig- 19 nificantly or uniquely impact Native Hawaiian pro- 20 grams, resources, rights, or lands; and 21 (2) the Office. 22 (c) LEAD AGENCY.— 23 (1) IN GENERAL.—The Department of the Inte- 24 rior and the White House Office of Intergovern-tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 26. 26 1 mental Affairs shall serve as the leaders of the 2 Interagency Coordinating Group. 3 (2) MEETINGS.—The Secretary shall convene 4 meetings of the Interagency Coordinating Group. 5 (d) DUTIES.—The Interagency Coordinating Group 6 shall— 7 (1) coordinate Federal programs and policies 8 that affect Native Hawaiians or actions by any agen- 9 cy or agencies of the Federal Government that may 10 significantly or uniquely affect Native Hawaiian re- 11 sources, rights, or lands; 12 (2) consult with the Native Hawaiian governing 13 entity, through the coordination referred to in para- 14 graph (1), but the consultation obligation established 15 in this provision shall apply only after the satisfac- 16 tion of all of the conditions referred to in section 17 8(c)(8); and 18 (3) ensure the participation of each Federal 19 agency in the development of the report to Congress 20 authorized in section 5(b)(5). 21 (e) APPLICABILITY TO DEPARTMENT OF DE- 22 FENSE.—This section shall have no applicability to the 23 Department of Defense or to any agency or component 24 of the Department of Defense, but the Secretary of De-tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 27. 27 1 fense may designate 1 or more officials as liaison to the 2 Interagency Coordinating Group. 3 SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REP- 4 RESENTATIVE. 5 The Attorney General shall designate an appropriate 6 official within the Department of Justice to assist the Of- 7 fice in the implementation and protection of the rights of 8 Native Hawaiians and their political and legal relationship 9 with the United States, and upon the recognition of the 10 Native Hawaiian governing entity as provided for in sec- 11 tion 8, in the implementation and protection of the rights 12 of the Native Hawaiian governing entity and its political 13 and legal relationship with the United States. 14 SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA- 15 WAIIAN GOVERNING ENTITY AND REAFFIR- 16 MATION OF SPECIAL POLITICAL AND LEGAL 17 RELATIONSHIP BETWEEN UNITED STATES 18 AND NATIVE HAWAIIAN GOVERNING ENTITY. 19 (a) RECOGNITION OF NATIVE HAWAIIAN GOVERNING 20 ENTITY.—The right of the qualified Native Hawaiian con- 21 stituents to reorganize the single Native Hawaiian gov- 22 erning entity to provide for their common welfare and to 23 adopt appropriate organic governing documents is recog- 24 nized by the United States.tjames on DSKG8SOYB1PROD with BILLS 25 (b) COMMISSION.— •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 28. 28 1 (1) IN GENERAL.—There is authorized to be es- 2 tablished a Commission to be composed of 9 mem- 3 bers for the purposes of— 4 (A) preparing and maintaining a roll of 5 qualified Native Hawaiian constituents; and 6 (B) certifying that the individuals on the 7 roll of qualified Native Hawaiian constituents 8 meet the definition of qualified Native Hawai- 9 ian constituent set forth in section 3. 10 (2) MEMBERSHIP.— 11 (A) APPOINTMENT.— 12 (i) IN GENERAL.—Not later than 180 13 days after the date of enactment of this 14 Act, the Secretary shall appoint the mem- 15 bers of the Commission in accordance with 16 subparagraph (B). 17 (ii) CONSIDERATION.—In making an 18 appointment under clause (i), the Sec- 19 retary may take into consideration a rec- 20 ommendation made by any Native Hawai- 21 ian Membership Organization. 22 (B) REQUIREMENTS.—Each member of 23 the Commission shall demonstrate, as deter- 24 mined by the Secretary—tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 29. 29 1 (i) not less than 10 years of experi- 2 ence in the study and determination of Na- 3 tive Hawaiian genealogy (traditional cul- 4 tural experience shall be given due consid- 5 eration); and 6 (ii) an ability to read and translate 7 into English documents written in the Ha- 8 waiian language. 9 (C) VACANCIES.—A vacancy on the Com- 10 mission— 11 (i) shall not affect the powers of the 12 Commission; and 13 (ii) shall be filled in the same manner 14 as the original appointment. 15 (3) EXPENSES.—Each member of the Commis- 16 sion shall be allowed travel expenses, including per 17 diem in lieu of subsistence, at rates authorized for 18 employees of agencies under subchapter I of chapter 19 57 of title 5, United States Code, while away from 20 their homes or regular places of business in the per- 21 formance of services for the Commission. 22 (4) DUTIES.—The Commission shall— 23 (A) prepare and maintain a roll of quali- 24 fied Native Hawaiian constituents as set forthtjames on DSKG8SOYB1PROD with BILLS 25 in subsection (c); and •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 30. 30 1 (B) certify that the individuals on the roll 2 of qualified Native Hawaiian constituents meet 3 the definition of that term as set forth in sec- 4 tion 3. 5 (5) STAFF.— 6 (A) IN GENERAL.—The Commission may, 7 without regard to the civil service laws (includ- 8 ing regulations), appoint and terminate an exec- 9 utive director and such other additional per- 10 sonnel as are necessary to enable the Commis- 11 sion to perform the duties of the Commission. 12 (B) COMPENSATION.— 13 (i) IN GENERAL.—Except as provided 14 in clause (ii), the Commission may fix the 15 compensation of the executive director and 16 other personnel without regard to the pro- 17 visions of chapter 51 and subchapter III of 18 chapter 53 of title 5, United States Code, 19 relating to classification of positions and 20 General Schedule pay rates. 21 (ii) MAXIMUM RATE OF PAY.—The 22 rate of pay for the executive director and 23 other personnel shall not exceed the rate 24 payable for level V of the Executive Sched-tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 31. 31 1 ule under section 5316 of title 5, United 2 States Code. 3 (6) DETAIL OF FEDERAL GOVERNMENT EM- 4 PLOYEES.— 5 (A) IN GENERAL.—An employee of the 6 Federal Government may be detailed to the 7 Commission without reimbursement. 8 (B) CIVIL SERVICE STATUS.—The detail of 9 the employee shall be without interruption or 10 loss of civil service status or privilege. 11 (7) PROCUREMENT OF TEMPORARY AND INTER- 12 MITTENT SERVICES.—The Commission may procure 13 temporary and intermittent services in accordance 14 with section 3109(b) of title 5, United States Code, 15 at rates for individuals that do not exceed the daily 16 equivalent of the annual rate of basic pay prescribed 17 for level V of the Executive Schedule under section 18 5316 of that title. 19 (8) EXPIRATION.—The Secretary shall dissolve 20 the Commission upon the reaffirmation of the spe- 21 cial political and legal relationship between the Na- 22 tive Hawaiian governing entity and the United 23 States. 24 (c) PROCESS FOR REORGANIZATION OF NATIVE HA-tjames on DSKG8SOYB1PROD with BILLS 25 WAIIAN GOVERNING ENTITY.— •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 32. 32 1 (1) ROLL.— 2 (A) CONTENTS.—The roll shall include the 3 names of the qualified Native Hawaiian con- 4 stituents who are certified by the Commission 5 to be qualified Native Hawaiian constituents, as 6 defined in section 3. 7 (B) FORMATION OF ROLL.—Each indi- 8 vidual claiming to be a qualified Native Hawai- 9 ian constituent shall submit to the Commission 10 documentation in the form established by the 11 Commission that is sufficient to enable the 12 Commission to determine whether the individual 13 meets the definition set forth in section 3; Pro- 14 vided, That an individual presenting evidence 15 that he or she satisfies the definition in section 16 2 of Public Law 103–150 shall be presumed to 17 meet the requirement of section 3(12)(A)(i). 18 (C) DOCUMENTATION.—The Commission 19 shall— 20 (i)(I) identify the types of documenta- 21 tion that may be submitted to the Commis- 22 sion that would enable the Commission to 23 determine whether an individual meets the 24 definition of qualified Native Hawaiiantjames on DSKG8SOYB1PROD with BILLS 25 constituent set forth in section 3; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 33. 33 1 (II) recognize an individual’s identi- 2 fication of lineal ancestors on the 1890 3 Census by the Kingdom of Hawaii as a re- 4 liable indicia of lineal descent from the ab- 5 original, indigenous, native people who re- 6 sided in the islands that now comprise the 7 State of Hawaii on or before January 1, 8 1893; and 9 (III) permit elderly Native Hawaiians 10 and other Native Hawaiians lacking birth 11 certificates or other documentation due to 12 birth on Hawaiian Home Lands or other 13 similar circumstances to establish lineal de- 14 scent by sworn affidavits from 2 or more 15 qualified Native Hawaiian constituents; 16 (ii) establish a standard format for 17 the submission of documentation and a 18 process to ensure veracity; and 19 (iii) publish information related to 20 clauses (i) and (ii) in the Federal Register. 21 (D) CONSULTATION.—In making deter- 22 minations that each individual proposed for in- 23 clusion on the roll of qualified Native Hawaiian 24 constituents meets the definition of qualifiedtjames on DSKG8SOYB1PROD with BILLS 25 Native Hawaiian constituent in section 3, the •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 34. 34 1 Commission may consult with Native Hawaiian 2 Membership Organizations, agencies of the 3 State of Hawaii including but not limited to the 4 Department of Hawaiian Home Lands, the Of- 5 fice of Hawaiian Affairs, and the State Depart- 6 ment of Health, and other entities with exper- 7 tise and experience in the determination of Na- 8 tive Hawaiian ancestry and lineal descendancy. 9 (E) NOTIFICATION.—The Commission 10 shall— 11 (i) inform an individual whether they 12 have been deemed by the Commission a 13 qualified Native Hawaiian constituent; and 14 (ii) inform an individual of a right to 15 appeal the decision if deemed not to be a 16 qualified Native Hawaiian constituent. 17 (F) CERTIFICATION AND SUBMITTAL OF 18 ROLL TO SECRETARY.—The Commission 19 shall— 20 (i) submit the roll containing the 21 names of those individuals who meet the 22 definition of qualified Native Hawaiian 23 constituent in section 3 to the Secretary 24 within 2 years from the date on which thetjames on DSKG8SOYB1PROD with BILLS 25 Commission is fully composed; and •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 35. 35 1 (ii) certify to the Secretary that each 2 of the qualified Native Hawaiian constitu- 3 ents proposed for inclusion on the roll 4 meets the definition set forth in section 3. 5 (G) PUBLICATION.—Upon certification by 6 the Commission to the Secretary that those list- 7 ed on the roll meet the definition of qualified 8 Native Hawaiian constituent set forth in section 9 3, the Commission shall publish the notice of 10 the certification of the roll in the Federal Reg- 11 ister, notwithstanding pending appeals pursuant 12 to subparagraph (H). 13 (H) APPEAL.—The Secretary, in consulta- 14 tion with the Commission, shall establish a 15 mechanism for an administrative appeal for any 16 person whose name is excluded from the roll 17 who claims to meet the definition of qualified 18 Native Hawaiian constituent in section 3. 19 (I) PUBLICATION; UPDATE.—The Commis- 20 sion shall— 21 (i) publish the notice of the certifi- 22 cation of the roll regardless of whether ap- 23 peals are pending;tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 36. 36 1 (ii) update the roll and provide notice 2 of the updated roll on the final disposition 3 of any appeal; 4 (iii) update the roll to include any 5 person who has been certified by the Com- 6 mission as meeting the definition of quali- 7 fied Native Hawaiian constituent in section 8 3 after the initial publication of the roll or 9 after any subsequent publications of the 10 roll; and 11 (iv) provide a copy of the roll and any 12 updated rolls to the Council. 13 (J) EFFECT OF PUBLICATION.—The publi- 14 cation of the initial and updated roll shall serve 15 as the basis for the eligibility of qualified Na- 16 tive Hawaiian constituents whose names are 17 listed on those rolls to participate in the reorga- 18 nization of the Native Hawaiian governing enti- 19 ty. 20 (2) ORGANIZATION OF COUNCIL.— 21 (A) ORGANIZATION.—The Commission, in 22 consultation with the Secretary, shall hold a 23 minimum of 3 meetings and each meeting shall 24 be at least 2 working days of the qualified Na-tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 37. 37 1 tive Hawaiian constituents listed on the roll es- 2 tablished under this section— 3 (i) to develop criteria for candidates 4 to be elected to serve on the Council; 5 (ii) to determine the structure of the 6 Council, including the number of Council 7 members; and 8 (iii) to elect members from individuals 9 listed on the roll established under this 10 subsection to the Council. 11 (B) POWERS.— 12 (i) IN GENERAL.—The Council— 13 (I) shall represent those listed on 14 the roll established under this section 15 in the implementation of this Act; and 16 (II) shall have no powers other 17 than powers given to the Council 18 under this Act. 19 (ii) FUNDING.—The Council may 20 enter into a contract with, or obtain a 21 grant from, any Federal or State agency to 22 carry out clause (iii). 23 (iii) ACTIVITIES.— 24 (I) IN GENERAL.—The Counciltjames on DSKG8SOYB1PROD with BILLS 25 shall conduct, among the qualified •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 38. 38 1 Native Hawaiian constituents listed 2 on the roll established under this sub- 3 section, a referendum for the purpose 4 of determining the proposed elements 5 of the organic governing documents of 6 the Native Hawaiian governing entity, 7 including but not limited to— 8 (aa) the proposed criteria 9 for future membership in the Na- 10 tive Hawaiian governing entity; 11 (bb) the proposed powers 12 and authorities to be exercised by 13 the Native Hawaiian governing 14 entity, as well as the proposed 15 privileges and immunities of the 16 Native Hawaiian governing enti- 17 ty; 18 (cc) the proposed civil rights 19 and protection of the rights of 20 the citizens of the Native Hawai- 21 ian governing entity and all per- 22 sons affected by the exercise of 23 governmental powers and au- 24 thorities of the Native Hawaiiantjames on DSKG8SOYB1PROD with BILLS 25 governing entity; and •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 39. 39 1 (dd) other issues determined 2 appropriate by the Council. 3 (II) DEVELOPMENT OF ORGANIC 4 GOVERNING DOCUMENTS.—Based on 5 the referendum, the Council shall de- 6 velop proposed organic governing doc- 7 uments for the Native Hawaiian gov- 8 erning entity and may seek technical 9 assistance from the Secretary on the 10 draft organic governing documents to 11 ensure that the draft organic gov- 12 erning documents comply with this 13 Act and other Federal law. 14 (III) DISTRIBUTION.—The Coun- 15 cil shall publish to all qualified Native 16 Hawaiian constituents of the Native 17 Hawaiian governing entity listed on 18 the roll published under this sub- 19 section notice of the availability of— 20 (aa) a copy of the proposed 21 organic governing documents, as 22 drafted by the Council; and 23 (bb) a brief impartial de- 24 scription of the proposed organictjames on DSKG8SOYB1PROD with BILLS 25 governing documents; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 40. 40 1 (IV) ELECTIONS.— 2 (aa) IN GENERAL.—Not 3 sooner than 180 days after the 4 proposed organic governing docu- 5 ments are drafted and distrib- 6 uted, the Council, with the assist- 7 ance of the Secretary, shall hold 8 elections for the purpose of rati- 9 fying the proposed organic gov- 10 erning documents. 11 (bb) PURPOSE.—The Coun- 12 cil, with the assistance of the 13 Secretary, shall hold the election 14 for the purpose of ratifying the 15 proposed organic governing docu- 16 ments 60 days after publishing 17 notice of an election. 18 (cc) OFFICERS.—On certifi- 19 cation of the organic governing 20 documents by the Secretary in 21 accordance with paragraph (4), 22 the Council, with the assistance 23 of the Secretary, shall hold elec- 24 tions of the officers of the Nativetjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 41. 41 1 Hawaiian governing entity pursu- 2 ant to paragraph (5). 3 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU- 4 MENTS.—Following the reorganization of the Native 5 Hawaiian governing entity and the adoption of or- 6 ganic governing documents, the Council shall submit 7 the organic governing documents of the Native Ha- 8 waiian governing entity to the Secretary. 9 (4) CERTIFICATIONS.— 10 (A) IN GENERAL.—Within the context of 11 the future negotiations to be conducted under 12 the authority of section 9(b)(1), and the subse- 13 quent actions by the Congress and the State of 14 Hawaii to enact legislation to implement the 15 agreements of the 3 governments, not later 16 than 180 days, which may be extended an addi- 17 tional 90 days if the Secretary deems necessary, 18 after the date on which the Council submits the 19 organic governing documents to the Secretary, 20 the Secretary shall certify or decline to certify 21 that the organic governing documents— 22 (i) establish the criteria for member- 23 ship in the Native Hawaiian governing en- 24 tity;tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 42. 42 1 (ii) were adopted by a majority vote of 2 those qualified Native Hawaiian constitu- 3 ents whose names are listed on the roll 4 published by the Secretary and who voted 5 in the election; 6 (iii) provide authority for the Native 7 Hawaiian governing entity to negotiate 8 with Federal, State, and local govern- 9 ments, and other entities; 10 (iv) provide for the exercise of inher- 11 ent and other appropriate governmental 12 authorities by the Native Hawaiian gov- 13 erning entity; 14 (v) prevent the sale, disposition, lease, 15 or encumbrance of lands, interests in 16 lands, or other assets of the Native Hawai- 17 ian governing entity without the consent of 18 the Native Hawaiian governing entity; 19 (vi) provide for the protection of the 20 civil rights of the citizens of the Native 21 Hawaiian governing entity and all persons 22 affected by the exercise of governmental 23 powers and authorities by the Native Ha- 24 waiian governing entity; andtjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 43. 43 1 (vii) are consistent with applicable 2 Federal law. 3 (B) RESUBMISSION IN CASE OF NON- 4 COMPLIANCE.— 5 (i) RESUBMISSION BY THE SEC- 6 RETARY.—If the Secretary determines that 7 the organic governing documents, or any 8 part of the documents, do not meet all of 9 the requirements set forth in subparagraph 10 (A), the Secretary shall resubmit the or- 11 ganic governing documents to the Council, 12 along with a justification for each of the 13 Secretary’s findings as to why the provi- 14 sions are not in full compliance. 15 (ii) AMENDMENT AND RESUBMISSION 16 OF ORGANIC GOVERNING DOCUMENTS.—If 17 the organic governing documents are re- 18 submitted to the Council by the Secretary 19 under clause (i), the Council shall— 20 (I) amend the organic governing 21 documents to ensure that the docu- 22 ments meet all the requirements set 23 forth in subparagraph (A); and 24 (II) resubmit the amended or-tjames on DSKG8SOYB1PROD with BILLS 25 ganic governing documents to the Sec- •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 44. 44 1 retary for certification in accordance 2 with this paragraph. 3 (C) CERTIFICATIONS DEEMED MADE.— 4 The certifications under this paragraph shall be 5 deemed to have been made if the Secretary has 6 not acted within 180 days after the date on 7 which the Council has submitted the organic 8 governing documents of the Native Hawaiian 9 governing entity to the Secretary. 10 (5) ELECTIONS.—On completion of the certifi- 11 cations by the Secretary under paragraph (4), the 12 Council, with the assistance of the Secretary, shall 13 hold elections of the officers of the Native Hawaiian 14 governing entity. 15 (6) PROVISION OF ROLL.—The Council shall 16 provide a copy of the roll of qualified Native Hawai- 17 ian constituents to the governing body of the Native 18 Hawaiian governing entity. 19 (7) TERMINATION.—The Council shall cease to 20 exist and shall have no power or authority under 21 this Act after the officers of the governing body who 22 are elected as provided in paragraph (5) are in- 23 stalled. 24 (8) REAFFIRMATION.—Notwithstanding anytjames on DSKG8SOYB1PROD with BILLS 25 other provision of law, the special political and legal •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 45. 45 1 relationship between the United States and the Na- 2 tive Hawaiian people is hereby reaffirmed and the 3 United States extends Federal recognition to the 4 Native Hawaiian governing entity as the representa- 5 tive sovereign governing body of the Native Hawai- 6 ian people after— 7 (A) the approval of the organic governing 8 documents by the Secretary under subpara- 9 graph (A) or (C) of paragraph (4); and 10 (B) the officers of the Native Hawaiian 11 governing entity elected under paragraph (5) 12 have been installed. 13 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU- 14 THORITY TO STATE OF HAWAII; NEGOTIA- 15 TIONS; CLAIMS. 16 (a) REAFFIRMATION.—The delegation by the United 17 States of authority to the State of Hawaii to address the 18 conditions of the indigenous, native people of Hawaii con- 19 tained in the Act entitled ‘‘An Act to provide for the ad- 20 mission of the State of Hawaii into the Union’’, approved 21 March 18, 1959 (Public Law 86–3; 73 Stat. 4), is re- 22 affirmed. 23 (b) NEGOTIATIONS.— 24 (1) IN GENERAL.—Upon the reaffirmation oftjames on DSKG8SOYB1PROD with BILLS 25 the special political and legal relationship between •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 46. 46 1 the United States and the Native Hawaiian gov- 2 erning entity, the United States and the State of 3 Hawaii may enter into negotiations with the Native 4 Hawaiian governing entity designed to lead to an 5 agreement or agreements addressing such matters 6 as— 7 (A) the transfer of State of Hawaii lands 8 and surplus Federal lands, natural resources, 9 and other assets, and the protection of existing 10 rights related to such lands or resources; 11 (B) the exercise of governmental authority 12 over any transferred lands, natural resources, 13 and other assets, including land use; 14 (C) the exercise of civil and criminal juris- 15 diction; 16 (D) the exercise of other powers and au- 17 thorities that are recognized by the United 18 States as powers and authorities typically exer- 19 cised by governments representing indigenous, 20 native people of the United States; 21 (E) any residual responsibilities of the 22 United States and the State of Hawaii; and 23 (F) grievances regarding assertions of his- 24 torical wrongs committed against Native Ha-tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 47. 47 1 waiians by the United States or by the State of 2 Hawaii. 3 (2) AMENDMENTS TO EXISTING LAWS.—Upon 4 agreement on any matter or matters negotiated with 5 the United States or the State of Hawaii, and the 6 Native Hawaiian governing entity, the parties may 7 submit— 8 (A) to the Committee on Indian Affairs of 9 the Senate, the Committee on Energy and Nat- 10 ural Resources of the Senate, and the Com- 11 mittee on Natural Resources of the House of 12 Representatives recommendations for proposed 13 amendments to Federal law that will enable the 14 implementation of agreements reached between 15 the governments; and 16 (B) to the Governor and the legislature of 17 the State of Hawaii, recommendations for pro- 18 posed amendments to State law that will enable 19 the implementation of agreements reached be- 20 tween the governments. 21 (3) GOVERNMENTAL AUTHORITY AND 22 POWER.—The Native Hawaiian governing entity 23 shall be vested with the inherent powers and privi- 24 leges of self-government of a native governmenttjames on DSKG8SOYB1PROD with BILLS 25 under existing law, except as set forth in section •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 48. 48 1 10(a). Said powers and privileges may be modified 2 by agreement between the Native Hawaiian gov- 3 erning entity, the United States, and the State pur- 4 suant to paragraph (1), subject to the limit de- 5 scribed by section 10(a). Unless so agreed, nothing 6 in this Act shall preempt Federal or State authority 7 over Native Hawaiians or their property under exist- 8 ing law or authorize the State to tax or regulate the 9 Native Hawaiian governing entity. 10 (4) MEMBERSHIP.—Once the United States ex- 11 tends Federal recognition to the Native Hawaiian 12 governing entity, the United States will recognize 13 and affirm the Native Hawaiian governing entity’s 14 inherent power and authority to determine its own 15 membership criteria, to determine its own member- 16 ship, and to grant, deny, revoke, or qualify member- 17 ship without regard to whether any person was or 18 was not deemed to be a qualified Native Hawaiian 19 constituent under this Act. 20 (c) CLAIMS.—Nothing in this Act— 21 (1) alters existing law, including case law, re- 22 garding obligations of the United States or the State 23 of Hawaii relating to events or actions that occurred 24 prior to recognition of the Native Hawaiian gov-tjames on DSKG8SOYB1PROD with BILLS 25 erning entity; •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 49. 49 1 (2) creates, enlarges, revives, modifies, dimin- 2 ishes, extinguishes, waives, or otherwise alters any 3 claim or cause of action against the United States 4 or its officers or the State of Hawaii or its officers, 5 or any defense (including the defense of statute of 6 limitations) to any such claim or cause of action; or 7 (3) amends section 2409a of title 28, United 8 States Code (commonly known as the ‘‘Quiet Title 9 Act’’), chapter 171 of title 28, United States Code 10 (commonly known as the ‘‘Federal Tort Claims 11 Act’’), section 1491 of title 28, United States Code 12 (commonly known as the ‘‘Tucker Act’’), section 13 1505 of title 28, United States Code (commonly 14 known as the ‘‘Indian Tucker Act’’), the Hawaii Or- 15 ganic Act (31 Stat. 141), or any other Federal stat- 16 ute, except as expressly amended by this Act. 17 SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS. 18 (a) INDIAN GAMING REGULATORY ACT.— 19 (1) IN GENERAL.—The Native Hawaiian gov- 20 erning entity and Native Hawaiians may not con- 21 duct gaming activities as a matter of claimed inher- 22 ent authority or under the authority of any Federal 23 law, including the Indian Gaming Regulatory Act 24 (25 U.S.C. 2701 et seq.) or under any regulationstjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 50. 50 1 thereunder promulgated by the Secretary or the Na- 2 tional Indian Gaming Commission. 3 (2) APPLICABILITY.—The prohibition contained 4 in paragraph (1) regarding the use of Indian Gam- 5 ing Regulatory Act (25 U.S.C. 2701 et seq.) and in- 6 herent authority to game applies regardless of 7 whether gaming by Native Hawaiians or the Native 8 Hawaiian governing entity would be located on land 9 within the State of Hawaii or within any other State 10 or territory of the United States. 11 (b) SINGLE GOVERNING ENTITY.—This Act will re- 12 sult in the recognition of the single Native Hawaiian gov- 13 erning entity. Additional Native Hawaiian groups shall not 14 be eligible for acknowledgment pursuant to the Federal 15 Acknowledgment Process set forth in part 83 of title 25, 16 Code of Federal Regulations, or any other administrative 17 acknowledgment or recognition process. 18 (c) INDIAN CIVIL RIGHTS ACT OF 1968.—The Coun- 19 cil and the subsequent governing entity recognized under 20 this Act shall be an Indian tribe, as defined in section 201 21 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301) 22 for purposes of sections 201 through 203 of that Act (25 23 U.S.C. 1301–1303). 24 (d) INDIAN PROGRAMS, SERVICES, AND LAWS.—tjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 51. 51 1 (1) IN GENERAL.—Notwithstanding any other 2 provision of this Act, nothing in this Act extends eli- 3 gibility for any Indian program or service to the Na- 4 tive Hawaiian governing entity or its members un- 5 less a statute governing such a program or service 6 expressly provides that Native Hawaiians or the Na- 7 tive Hawaiian governing entity is eligible for such 8 program or service. Nothing in this Act affects the 9 eligibility of any person for any program or service 10 under any statute or law in effect before the date of 11 enactment of this Act. 12 (2) APPLICABILITY OF OTHER TERMS.—In Fed- 13 eral statutes or regulations in force prior to the 14 United States’ recognition of the Native Hawaiian 15 governing entity, the terms ‘‘Indian’’ and ‘‘Native 16 American’’, and references to Indian tribes, bands, 17 nations, pueblos, villages, or other organized groups 18 or communities, shall not apply to the Native Ha- 19 waiian governing entity or its members, unless the 20 Federal statute or regulation expressly applies to 21 Native Hawaiians or the Native Hawaiian governing 22 entity. 23 (e) REAL PROPERTY TRANSFERS.—Section 2116 of 24 the Revised Statutes (commonly known as the ‘‘Indiantjames on DSKG8SOYB1PROD with BILLS 25 Trade and Intercourse Act’’) (25 U.S.C. 177) does not •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:BILLSS675.IS S675
  • 52. 52 1 apply to any purchase, grant, lease, or other conveyance 2 of lands, or of any title or claim thereto, from Native Ha- 3 waiians, Native Hawaiian entities, or the Kingdom of Ha- 4 waii that occurred prior to the date of the United States 5 recognition of the Native Hawaiian governing entity. 6 SEC. 11. SEVERABILITY. 7 If any section or provision of this Act is held invalid, 8 it is the intent of Congress that the remaining sections 9 or provisions shall continue in full force and effect. 10 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 11 There are authorized to be appropriated such sums 12 as are necessary to carry out this Act. Ætjames on DSKG8SOYB1PROD with BILLS •S 675 IS VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6301 E:BILLSS675.IS S675

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